Employees and applicants for employment who suffer retaliation or discrimination because they engage in an activity protected by any law under the jurisdiction of the Labor Commissioner may file a complaint with the Division of Labor Standards Enforcement (DLSE). The Commissioner will take appropriate action after an investigation and hearing. Adverse actions or retaliation include unlawful discharge, demotion, suspension, reduction in pay or hours, and refusal to hire or promote, etc.

Normally, the majority of the Labor Code Statutes and IWC Orders allow six months from the occurrence of the adverse action to file a complaint with the Labor Commissioner. There are a few exceptions to this deadline. For instance, a complaint alleging retaliation or discrimination against victims of domestic violence or sexual assault (Labor Code section 230(c) or 230.1) must be filed within one year of the alleged violation; a complaint of being paid less than an employee of the opposite sex doing the same work (Labor Code section 1197.5) must be filed within two years of the alleged violation; and a complaint alleging retaliation or discrimination for complaining about violation of licensing or other laws relating to child day care facilities (Health and Safety Code section 1596.881) must be filed no later than 90 days after the adverse action.

After filing the complaint, the employee or job applicant will be contacted by a Retaliation Complaint Investigator (RCI) who will conduct an investigation. The investigator will contact the employer and any witnesses with information regarding the alleged discrimination or retaliation and also explore the possibilities of a settlement. Investigators have the authority to issue subpoenas to obtain evidence related to the case. Once the investigation is complete, and if no settlement is reached, the investigator will prepare a written summary of findings and forward those documents to the Labor Commissioner who reviews the summary of findings and make a decision. On infrequent occasions, the Labor Commissioner may decide a hearing is necessary to fully establish the facts of the complaint.

If the Labor Commissioner finds the employer violated the law by retaliating or discriminating against the employee or job applicant, the employer will be given 10 days to either file an appeal or to comply with the decision to remedy the retaliation or discrimination. If the employer fails to comply, an attorney for the Labor Commissioner will file a court action to enforce the decision.

The hearing is an informal, investigative proceeding to obtain more relevant facts of the case. At least five days before the scheduled hearing, the employer and employee or job applicant will be served with a copy of the summary of findings prepared by the investigator containing the facts he or she found during the investigation. Either side may bring an attorney, union representative or other person of their choice to represent them at the hearing. A hearing officer will conduct the hearing. The investigator may appear at the hearing, introduce the summary of findings and any other evidence. Labor Commissioner, employer, employee or job applicant can each subpoena witnesses and documents for the hearing. The parties should contact the hearing officer who will issue all subpoenas reasonably necessary. The hearing officer may refuse to issue unnecessary subpoenas. When the Labor Commissioner issues a subpoena requested by a party, that party is required to pay witness fees. If such fees are not paid, the witnesses do not have to appear. After the hearing, the hearing officer will file the findings of facts and conclusions with the Labor Commissioner. The Labor Commissioner will then decide the complaint.

Either party may seek review of the Labor Commissioner's decision by filing an appeal with the director of the Department of Industrial Relations within ten days of the date of service. The appeal shall define the grounds upon which the appealing party considers the decision to be unjust or unlawful and every issue to be considered by the director.

The Federal minimum wage for covered, nonexempt employees is $5.15 per hour. The Federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA), and is administered and enforced by the U.S. Department of Labor (DOL) Employment Standards Administration's Wage and Hour Division. Many states also have minimum wage laws. In cases where an employee is subject to both the state and Federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

The minimum wage law i.e., the Fair Labor Standards Act applies to employees of enterprises that do business worth at least $500,000 in a year. It also applies to employees of smaller firms if the employees are engaged in interstate commerce or in the production of goods for commerce, such as employees who work in transportation or communications or who regularly use the mails or telephones for interstate communications. Employees of federal, state or local government agencies, hospitals and schools, domestic workers, etc are also entitled to minimum wages.

The Wage and Hour Division of the U.S. Department of Labor is responsible for enforcing the minimum wage. This is ensured by both enforcement mechanisms and public education efforts.

Young workers under the age of 20 are entitled to a minimum wage of $4.25 per hour during their first 90 consecutive calendar days of employment with an employer, as long as their work does not displace other workers. After 90 consecutive days of employment or the employee reaches 20 years of age, whichever comes first, the employee must receive a minimum wage of $5.15 per hour. There are also other programs that allow for payment of less than the full federal minimum wage. This applies to workers with disabilities, full-time students, and student-learners employed pursuant to sub-minimum wage certificates.

The minimum wages for full-time students who are employed in retail or service stores, agriculture, or colleges and universities is in accordance with the Full-time Student Program. The employer who hires students can obtain a certificate from the Department of Labor which allows the student to be paid not less than 85% of the minimum wage. The employer is required to follow all child labor laws. The certificate limits the working hours of the student to 8 hours in a day and no more than 20 hours a week when school is in session and 40 hours when school is not in session.

Some states have minimum wage laws specific to tipped employees. Under federal law, an employee who regularly receives tips as a part of his or her pay also gets a minimum wage of $2.13 per hour. In order to have this exemption apply, the employee must regularly receive more than $30 per month in tips, and be allowed to keep all tips earned. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must provide for an additional pay to make up the difference. When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions of each law which provide the greater benefits.